War of words between prosecution and defense bars

Today’s press event at the State House organized by the Massachusetts District Attorney’s Association turned into something of a legal food fight.

Supporters of the Committee for Public Counsel Services showed up at this afternoon’s event to refute claims made by the MDAA that CPCS spends far too much on defense work done by bar advocates relative to its caseload, depleting available state funding that ought to be spent on criminal prosecution.

In a house packed with assistant district attorneys and press, representatives from CPCS, the Massachusetts Association of Criminal Defense Lawyers and the Massachusetts Bar Association, fired back at assertions by Plymouth County District Attorney Timothy J. Cruz, Bristol County District Attorney C. Samuel Sutter and Suffolk County District Attorney Daniel F. Conley that the state spends twice as much to defend criminals than it does to prosecute them.

The only way to achieve the appropriate “parity,” they said, is to “reallocate” money from CPCS’ current $168 million budget to the DA’s $92 million budget.

Opponents said the DAs’ campaign is a desperate and misdirected attack on the defense bar after failing to convince the legislature to make a successful and appropriate case with the legislature for more money.

One comment

What “mirror” is the prosecution looking in? The prosecutorial branch of the justice system, has the “home court” advantage, access to all the evidence, access to the “judge’s ear,” access to the police department to perform and interpret an investigation,(and they have the right to lie in the persuit of a suspect or should I say target), the right of coersion, (i.e. if you don’t plead guilty you’ll get x amount more time)and in the Federal Court’s the right of proffer. The defense has none of these advantages, has not had the benefit of a level playing field since “Marberry v. Madison.” Now the prosecution is whining over money, what’s the problem, the system of “lets make a deal,” does not allow them enough material perks? If looked at through the lens of the Constitution the entire criminal justice system has been broken down to an unconstitutional morass of ego’s, professional posturing, un bridled revenge, and greed all under the rubric of “guilty until proven innocent beyond any reasonable doubt.” It’s time that the prosecution learn that perception leading to presumption goes both ways.